Cancellation Policy
Statutory right of withdrawal for consumers
Consumers have the right to withdraw from this Purchase Agreement within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date upon which the consumer or a third party appointed by the consumer, who is not the carrier, takes possession of the delivered goods.
In order to exercise the statutory right of withdrawal, the consumer shall notify ORTOVOX in a clear declaration (e.g. letter, fax, online form or email) of his/her decision to withdraw from the Purchase Agreement.
The notice of withdrawal has to be addressed to:
ORTOVOX Sportartikel GmbH
Rotwandweg 5,
D-82024 Taufkirchen
Email: shop@ortovox.com
Telephone number: +49 (0) 89 66674-0
The consumer may use the withdrawal form attached for this purpose; however, it is not obligatory to do so. The attached withdrawal form or any other clear declaration can be completed and submitted electronically via the ORTOVOX website (www.ortovox.com/rma).
The consumer must return or hand over the goods to ORTOVOX without delay and no later than fourteen (14) days from the date upon which he/she notifies us of withdrawal from this Purchase Agreement. The deadline is deemed to be met if the consumer sends the goods before the expiry of the fourteen-day (14) deadline.
Goods are returned to ORTOVOX at the company’s risk. Return costs are borne by the customer.
The withdrawal deadline shall be deemed to be met if the notification concerning the exercise of the right of withdrawal is sent before expiry of the deadline.
If the Purchase Agreement is withdrawn, ORTOVOX must reimburse the consumer for any payments received by ORTOVOX from the consumer (including delivery costs (shipping charges) at the cheapest standard delivery rate offered by us (DHL standard delivery), without delay, but no later than fourteen days after the day upon which ORTOVOX receives notice of withdrawal of this Purchase Agreement. The seller will use the same payment method the consumer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed with the consumer; under no circumstances will the consumer be charged a fee for this refund. ORTOVOX may withhold the reimbursement until it has received the returned goods or until the consumer has provided proof that he/she has returned the goods, whichever is earlier.
The consumer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods that is not deemed necessary in order to verify the condition, features and functioning of the goods (e.g. the goods are incomplete or not in the same condition as upon receipt, the goods have been used, soiled or washed).
13. Assignment
Claims against ORTOVOX that the Customer accrues from the business relationship may not be assigned.
14. Note on data processing
ORTOVOX processes Customer data as part of the processing of purchase agreements. ORTOVOX undertakes to treat Customers’ personal data as confidential in accordance with data protection legislation, in particular the GDPR, the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).
You can find more detailed data protection information in our privacy policy (LINK).
15. Final provisions
German law applies under exclusion of the UN Convention on the International Sale of Goods (CISG) and conflict of laws provision. If you are a consumer ordinarily resident in the EU, you also enjoy protection afforded by the mandatory provisions of the law of the country in which you habitually reside. Any claim arising from consumer protection standards relating to these General Terms & Conditions may be submitted either in Germany or in the EU state in which you reside.
The European Commission provides an Online Dispute Resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr/. ORTOVOX prefers to resolve Customer concerns directly and, therefore, does not take part in consumer arbitration processes. Please contact ORTOVOX directly if you have any questions or problems.
Should one of the foregoing provisions be unworkable in full or in part, this shall not affect the validity of the remaining provision(s) or of the contract as a whole.
Insofar as the Customer is a merchant, a legal entity under public law or a public law entity with special public funds, the place of jurisdiction for all disputes arising from contractual relations between the Customer and the Supplier is the Supplier’s registered office.
AS OF: February 2020